New Regulation 3A(5)
(inserted by regulation 2(b)) provides that the prohibition imposed
by paragraph (2) on the supply of certain harmful liquids does
not apply to the supply of paraffin to which a colouring agent
has been added solely in order to distinguish it for safety reasons
and which is intended for any use other than as a fuel in decorative
lamps. What provision in the relevant Directive authorises this
provision?

1. The Regulations have been
made under s.11 Consumer Protection Act 1987 to ensure that the
goods to which they apply are safe. Moreover, it is the Department's
view that the Directive should be construed by reference to its
overriding purpose, which is to provide for consumer safety. Accordingly,
by making provision for the exemption of paraffin to make certain
that consumers continue to be able to distinguish it from other
fuels, the Regulations are both consistent with the overriding
purpose of Directive 97/64 and fall within the scope of the domestic
enabling legislation.

1. The Committee by a letter
from its Clerk dated 3 November 1999 has requested a memorandum
on the following point:

Given the Directive's mandatory
prohibition on adding colouring agents to substances and preparations,
such as paraffin, which can be used as fuel in
decorative lamps, explain how the Department justify permitting
(or requiring) the addition of colouring agents to paraffin in
order to permit it to be distinguished from other products so
long as it is not intended for use as fuel in decorative
lamps.

2. There is no existing requirement
in UK law as regards the addition of colouring agents to paraffin,
the requirement for taxation purposes having ended in 1982. The
colouring agent was retained as the result of a voluntary arrangement
adopted by industry for the purposes of consumer safety. First,
to ensure that when paraffin is stored in an unmarked container
it will not be confused with another substance which may be ingested.
Secondly, so that it is possible to distinguish paraffin from
lower grade oils, such as kerosene, which it would be unsafe to
use in heating appliances. Research conducted by the Department
has shown that removal of the colouring agent from paraffin intended
for use in heating appliances would cause a significantly greater
risk to the safety of consumers than its retention.

3. Given that the purpose of
the Directive is consumer safety, the Department does not consider
that it can have been intended to have that result, and consequently
it should not be interpreted in a manner which produces that result.